[WSBAPT] Family section of will/trust

[Philip N. Jones]

You should list the closest living relatives.  In other words, the intestate heirs.  They will need to receive notice after the testator dies.  You will be doing the PR a favor by listing them.  Tell your client that they will need to receive notice, even if they inherit nothing.  That will reduce your client's resistance to listing them.
Yes, I would list both siblings.  I would probably even list all of the nieces and nephews.  If some do not receive anything, you might even include a sentence that they are not getting anything.  That might seem a little harsh, but it eliminates the argument that the testator simply had memory problems and forgot them.
In any event, the attorney notes MUST include the fact that the testator told the attorney that he was leaving them nothing intentionally.  The attorney notes are crucial.
On the subject of listing the closest living relatives (WARNING: WAR STORY FOLLOWS):  I once probated a will where the will said nothing about closest living relatives.  I called the drafting attorney and asked why.  He said that his client told him, "I have no family."  Nonsense, I thought.  Fortunately the family name was not common, and they all came from the same region of the same state.  By the end of the day, I found myself on the phone with the decedent's identical twin brother.  The decedent had been disowned by his family for marrying outside of their church.
Everyone has a family.  Recite them in the will.  Always.  Someone will thank you some day.
Phil Jones

Philip N. Jones
Duffy Kekel LLP
900 S.W. Fifth Ave. Suite 2500
Portland, OR 97204
pjones at duffykekel.com<mailto:pjones at duffykekel.com>
(503) 226-1371 - office
(503) 853-1482 - cell
(503) 226-3574 - fax

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Ann Manley
Sent: Friday, October 20, 2023 4:41 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Family section of will/trust

For clients with no kids, what do you put in the "Family" section? Just folks who are being named as beneficiaries?

If a person wants to leave something to one sibling, but not the other, do you list both to show that you didn't forget one? How about when a few nieces/nephews are listed but not all?

Ann Manley, Esq.
The Manley Law Firm, P.S., Inc.
PO Box 16324
Seattle, WA 98116
(206)292-3064 / (206)292-3914 fax
www.manleyfirm.com<http://www.manleyfirm.com/>

The Manley Law Firm practice areas include Bankruptcy*, Estate Planning, Auto Accidents, Civil Litigation, Construction, Commercial and Contract Law, Personal injury, Small Business, Unemployment Claims, Wage Loss and Compensation claims

* The Manley Law Firm is a Debt Relief Agency. We help people file for bankruptcy relief under the Bankruptcy Code.

This email and any files transmitted with it are privileged, confidential, and intended solely to whom they are addressed. Any unauthorized use, copying, review or disclosure is prohibited. If you have received this communication in error, please immediately notify the sender.
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20231020/6bee77fe/attachment.html>